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Sunday, December 24, 2006

. . . While Visions of Sugarplums Danced In Their Heads . . .

While 4,500 clueless people in Los Osos – those in the gun sights of the RWQCB but oblivious of same – go about their happy Christmas preparation, below is some correspondence from one The Los Osos 45 to Michael Thomas, RWQCB. The RWQCB’s foregone conclusion, kangaroo court hearings may or may not be on January 22 (there have been so many continuances, scuttled plans, moved goal posts, changed rules, violated due process, citizens jerked around for a whole year, who can say what this Board or staff will dream up next?), so this is how the Moylans will be spending THEIR Christmas Vacation.

If you’re one of the 4,5000 clueless, you might want to read this correspondence and think especially carefully about Bev’s final Dec 20, 11:01 pm. email, paragraph two, three and four. Then you might want to hoik yourself down to Coast Savings next to the Post Office and donate funds to the Prohibition Zone Legal Defense Fund, a small group of CDO recipients who are working hard to protect your due process rights (you’re next, trust me on this one,) and continue to work for a win/win alternative settlement, since the settlement agreement presented to the Board at the Dec 14 hearing, has some really dangerous legal traps imbedded in it, traps I would bet the farm the signers of same were totally unaware of, especially since some of those promising to sign hadn’t even read a final version of same. Talk about “duress,” this agreeing to blind sign a “contract?” Not even sleazy used car salesmen are allowed to get away with that under California law.

I’ve re-stacked these for chronology. Posted with permission from Bev DeWitt-Moylan

Sent: Monday, December 18, 2006 4:35 PM
Subject: Los Osos CDO hearing

Mr. Moylan and Mrs. Dewitt-Moylan:
The Water Board continued your hearing to January 22 at 1:00. The Water Board also continued the hearings for Mr. and Mrs. Mortara (and two others) to the same date. We will send you a hearing notice for the January 22 hearing, including a list of the evidence submitted into the record at the December 14 and 15 hearings, as soon as possible.
Thank you
Michael Thomas

12/20/2006 6:50 AM >>>
Mr. Thomas,
Thank you for your message regarding the continuance of our hearing to January 22 at 1 PM and your promise to send by post a notice of the hearing and the submitted evidence list.
This hearing is scheduled, of course, in the middle of my teaching day when I would normally be involved in a session in Atascadero with a multihandicapped blind young woman and her parent. Just for your information her handicaps involve blindness, severe developmental delay, autism, and medical fragility. Following that missed session I will also be unavailable for a Braille instruction session with a blind third-grade student in Creston, and his teacher will receive no consultation that day.
As you mentioned to me in a recent message, government agency business supercedes any personal business of any citizen. As you may know, my service to the blind and visually impaired students of this county is governed by legally binding documents, called Individualized Education Plans. These documents are based on assessment and research. Negotiated and agreed upon at IEP meetings, signed by teachers, parents, school administrators, any advocates present, and any state agency representatives present, as well as by the student if able, the IEP includes the frequency and duration of my service to each student. The services provided in this document can hardly be termed personal business. My students are entitled by law under IDEA to this individualized educational plan. Parents and students of legal age are entitled to due process if any part of the agreement or its execution is in dispute.
Because of the seriousness of this legally binding document and because no one with my credentials is available to substitute for me in this county, I have accrued 184 sick leave days over the past 25 years with the County Office of Education. It is my practice to serve my students. I am bound to serve my students. Attendance at professional development sessions, such as the class in trauma in children which I attended in Carlsbad last week has the function of improving my level of service to my students and their families and to school personnel. Two of the three days of this intensive class occurred on the weekend.
At least four teachers of students with special needs are among the first round of citizens in receipt of CDO documents, and at least three of us are bound in our service by Individualized Education Plans. As a state agent and public servant, you respect the authority of regulations that govern how you conduct the business of your agency. As a San Luis Obispo County Office of Education employee and public servant I respect the authority of the regulations that govern the education of children.
Though it probably goes without saying, I hope I have conveyed through these comments the seriousness of the RWQCB's overriding the requirements of my public position, requiring me to leave my students in the middle of my teaching day yet again, in order to comply with the requirements of your agency.

Thank you,
Beverley De Witt-Moylan




Wednesday, December 20, 2006 5:09 PM
Subject: Re: Los Osos CDO hearing

Mrs. Dewitt-MoylanIt is difficult, if not impossible, to schedule hearings at a time that is convenient to all participants. Would it be better to have your hearing later in the day on January 22?

Michael Thomas


Wednesday, December 20, 2006 11:01 PM
Subject: Re: Los Osos CDO hearing

Mr. Thomas,

Thank you for the opportunity to respond to your question regarding my ability to attend the CDO hearing at a later time on January 22, 2007. As an itinerant consulting teacher I fully appreciate your comment regarding the difficulty of scheduling hearing dates and times acceptable to all participants. My professional position as a Vision Specialist requires that I develop a personal schedule that accommodates the schedules of many other specialists involved with my students, a schedule that also coincides with each school's schedule. Each year, and in some cases more than once in the school year, through cooperation and compromise specialists are able to formulate a matrix that meets our need to schedule our own individual sessions while best serving the goals and objectives of each student. We are all well aware that the goals and objectives drive the process, and so we are able to come to agreement to facilitate the outcome we all desire, which is the program that best benefits the child.

I do not need to tell you that had the water board followed the procedure of notifying citizens first of perceived violations, the subsequent complicated repeated scheduling and rescheduling of hearings would not have been necessary. The interference in the individual lives and schedules of dozens of extremely busy homeowners and their families would not have been necessary. The difficulty of your accommodating a variety of schedules could have been avoided altogether.

Imagine what could have happened if a spirit of professional cooperation and compromise had prevailed. Your board, which has no money for a mediator or for vidoetaping the hearings, would not have had to spend hundreds of staff hours and thousands upon thousands of taxpayer funds conducting the CDO hearing process to which you are committed and in which you have been engaged for almost a year but have yet to complete the processing of just 45 of the almost 5000 properties. Instead of a mere 45 properties, many more homes would have already pumped, inspected, and repaired their septic systems, as your board desires, had they been notified a year ago of a violation and given an opportunity to mitigate through the same process your board ordered in the CDO. But instead, your executive officer determined to follow the much more rigid and difficult CDO process, bringing with it the potential of years of litigation with no mitigation in a process easily conceived whose outcome now is uncertain.

If the water board has difficulty scheduling hearings to accommodate all those involved in this so-far abortive process of CDO enforcement, if the board is in financial difficulty and cannot pay for services like a mediator, then the board might consider achieving compliance by an avenue other than the CDO process, which has proven so much more expensive in taxpayer funds, personal funds, staff time, and personal time for those in receipt of CDO documents.

With regard to my schedule on Monday, January 22, my duty day extends through 4:30 pm. I will complete a Braille session with a third grade student in Creston at 3pm. Because I drive a SLOCOE vehicle, it is necessary for me to return it to the office on Highway One before I would be able to drive across town to the water board site. The drive from Creston to the County Office of Education takes 45 minutes. I would be able to leave the office between 3:50 and 4 pm depending on traffic, and could probably be at the RWQCB site before or by 4:30 pm, depending on traffic.

Thank you,

Beverley De Witt-Moylan

26 comments:

Anonymous said...

So her husband cannot show up and represent the property? I think she protesth too much. Besides the staff will probably have to work overtime.

I hope the Moylans have come upon something that has not been said before and can post it here for inspection.

*PG-13 said...

Bah and humbug Mr. Scrooge.
Methinks a lump of coal for you.

paying attention said...

Giv'em hell Bev! The CDO process has been a shambles, you are a apwn in a game that has no rules, no end and no point. Peace be with you and Bill and thanks be to God there are people like you who do what you do. It is a special person that you are and until one walks in your shoes they should not speak, like those who assume Bill can represent your position. Perhaps those were not paying attention when you explained that both you and your husband, and daughter, too, were all served with the CDO notice, which should give you each the righ to defend yourselves.
You are in my prayers every day.

Churadogs said...

Anonymous sez:

"So her husband cannot show up and represent the property? I think she protesth too much. Besides the staff will probably have to work overtime."

Interesting comment, no? What gets so fascinating with some of the comments posted here by various "anonymous" people is how clear it is that some of these posters simply have no idea of what the Los Osos 45 have been put through for an entire year, nor do they care. Fascinating. I would be willing to bet that if this anonymous poster had been subjected to the appallingly screwed up mess that the RWQCB has made of this for an entire year, jerked around from pillar to post, rule changes every 20 minutes, run ragged with not even the slightest effort at due process, this anonymous poster would be screaming at the top of his/her lungs. But so long as this is happening to . . . someone else . . . oh, well, then . . . that's o.k.

Amazing.

Anonymous said...

There were a bunch of fools who voted for a bunch of fools that stopped and had been opposing the sewer for years. Everyone in the PZ will pay dearly for the lies and misinformation. I never heard the Moylans coming out and supporting the sewer, thus avoiding bankruptcy and CDOs.

Your support of this 45 is misdirection. The anger should be placed with the LOCSD board who stopped the sewer through ignorance of legal process. The unfortunate thing is that if you speed regularly, sooner or later you will get a ticket and have to pay the ticket and higher insurance rates. If you are found going 120 in a 15 mph school zone, chances are you will lose your license.

Pollution is against the law, and carries penalties. The members of the LOCSD board said there would be no penalties. You are just starting to pay. We in the county just hope we do not have to pick up the tab for your stupidity and perhaps criminal action by your board.

How stupid can you get? Now the LOCSD wants to dissolve and make us pick up the tab? Fat chance!

It is clear to me that while watching the supervisors meetings that the supervisors have inherited some of the fools, and the fools still wish to disobey the intent of the laws.

It also seems to me that you portray these polluters as victims. They are poluters, and the environment is the victim.

Anonymous said...

A lost fact is evident here.
Not one single person has ever been hurt by the septic tanks in Los Osos, not one single case of blue baby and not one single incedent of water restriction due to the "harming" of the enviroment.
Pay? oh yes they will!
For what and to whos benefit?
To satisfy the law?
Be carefull what you wish the law to do. the width of that paintbrush could color you.

Anonymous said...

No wonder why Los Osos is in the mess it is in. Look at some of these posts. How mean and selfish can one be?

Bev Moylan seems to be one of the sweetest and wisest women in town with a big heart on top of that. She's been through hell, just like many others.

Then we have those like Pandora and Jerry Gregory who wanted this to happen to people of Los Osos. They asked the RWQCB to make all this happen and the RWQCB loved to do it. Jeff Young really seems to enjoy what he's doing.

Some people can afford the mega sewer and know the cost will drive half the people (that they obviously don't like) out of here.

Who wants to live in a place with just those kind of people?

The Health Department used to require that the RWQCB would have to prove that one was polluting, but now it looks like Sam Blakeslee did them a big favor. He made a law that states we are polluters with no real proof or science, in fact, lies. Blakesless was unethical to hide the legislation from us. Gail was wrong to back it and endorse him, asking us to stand down. Who stood down?

If you go to Morro Bay by the boats, you can see that we aren't the ones polluting the bay. The PZ homes aren't polluting either, not with the sand we have here. Maybe Pandora's homes right on the bay are polluting, but she didn't get a CDO and never will.

The CDO hearings were a joke that some seemed to enjoy. The CDO people had no attorney. The one they do have, didn't show. She spent all their money and more but she's one who supports the mega sewer anyway. Not one CDO had their own attorney. No wonder the hearing went the way it did. Gail is no attorney. She hasn't helped with one thing since she's been here (although she acts busy). She's made things worse. She hired the wrong attorney. She didn't bring in expert witnesses from the beginnning! She didn't ask Dr. Wickham, Lisa did. She knew that the RWQCB would say "are you in the PZ, do you have a septic, guilty" we knew that, but Gail didn't????

This town better wake up. I agree with that. Unless, you're rich, you better not trust the county, or you're gonna be real screwed. The fear tactics are here again, just like in 2001 to force the mega sewer in and trick the people again. Ripe for the pickin' is how the county and RWQCB feel about Los Osos!

Anonymous said...

To anon 5:09 12/25:

You are one more victim of misinformation, never did any research for yourself, believed what was told to you, and now will pay. Look to the source of your misinformation and the word of the law.

Like the CCRWQCB never threatoned fines and CDOs before any letters were written to them after and immediately before the recall?

You've been really picked clean by the LOCSD board when they stopped the sewer because you believed them and voted for them. Stop whining, or better still bend over and enjoy. Moylen=whiner.

Churadogs said...

Hmmm, more interesting comments, all"anonymous." Any "anonymous" posters wish to put your name and face and so own your comments?

No? I thought not.

Ron said...

To the Anon (of course) that wrote this:

"You've been really picked clean by the LOCSD board when they stopped the sewer because you believed them and voted for them. Stop whining, or better still bend over and enjoy. Moylen=whiner."

How do you answer this perfectly fair and excellent question:
Why did Commissioner Potter call the LOCSD "bait and switchy" in 2004?

Coherent answer only, please (and, "Stop living in the past, Ron" is not a coherent answer.)

By simply reading your post, I already know you can't answer that extremely important question... and I see that all the time in Los Osos -- people step up to microphones, or post comments on blogs, and they have no idea how to answer that question. It's embarrassing.

Anonymous said...

Anonymous posters?


So why does not Ann (churadogs)list an address for her home in the tele directory? She would not have anything to fear from rational people. However there are real crazies in Los Osos. Thugs, back room thugs, supporting fools who slam papers on podiums and kick doors. People, when they talk, you know they have no sense, and are capable of senseless acts. They voted to stop the sewer and look where we are now. In retrospect, did it make any sense to stop the sewer?

Anonymous said...

Answer to Ron:


"How do you answer this perfectly fair and excellent question:
Why did Commissioner Potter call the LOCSD "bait and switchy" in 2004?"

Only one commissioner: Why did not the rest agree? Maybe this guy was off base, maybe a fool. Maybe beholden to the anti-sewer crowd. If the bait and switch was readily apparent, they all would have seen it that way. You have a bad habit of using selective material to support your arguements. A commission is a group, not just one person. Who else agreed with him outside of you?

You have a way of only quoting people who you agree with.

Anonymous said...

To the bloggers who blame the CSD for stopping the sewer:

You keep saying that the cost was $200 a month. No, that wasn't the cost. Remember there was no "cap" on the project and that $200 figure didn't include deferred costs. There was no way that the recalled board's Tri-W was going to be $200 a month, so you can stop going with that figure.

The recalled board never gave a Prop. 218 vote either. We have to have one now even though the county has the vote in the wrong order.

We'll all get screwed because once we vote that's it, and we can still have the most expensive project in the world but have to pay.

The RWQCB fined us for not proceeding with the Tri-W project, it's okay with them that we didn't get a Prop. 218 vote? Yeah, punish the residents for the State giving out a loan that wasn't legal to do a project that wasn't legal, to punish the people for what the county and CSD(s) did or didn't do.

Anonymous said...

TO Anon 10:17 who says:

"The RWQCB fined us for not proceeding with the Tri-W project, it's okay with them that we didn't get a Prop. 218 vote? Yeah, punish the residents for the State giving out a loan that wasn't legal to do a project that wasn't legal, to punish the people for what the county and CSD(s) did or didn't do."

How come we had a legally permitted, funded by low interest loan, sewer that was under construction? You would think that the state knew what it was doing. Where do you get your information?

How do you KNOW that that was not the figure before all the nay saying, rediculous law suits, etc. What was the cost of Bud Sanford's obstruction? Al Barrow's obstruction, and the complete misinformation and emotional hoopla you get here from Ann Calhoun with the victim mentality?

Anonymous said...

To blogger above:

Yeah, you WOULD think the State knew what it was doing. I think they knew exactly what they were doing and it was not legal.

The $200 figure didn't include everything we would have had to pay for and you know it!

Anonymous said...

The $200 figure didn't include everything we would have had to pay for and you know it!

So Anon 12:44...what do you think we're going to pay for a sewer now?

Anonymous said...

To blogger above:

It depends on if the county will really do what it promised. Orenco could do for less than $200.

If the county looked at clusters it would be less than the big sewer that you all have your hearts set on for some reason!

Your argument that the Tri-W would have cost us less is plain stupid. Even if we had to do that same project, I would hope that the county would take bids and select the lesser bid and not take over bids!

Anonymous said...

Your recommendation of Orenco: They do not say how much nitrate they can remove. They are very happy with 15mg/L Nitrogen in their wastewater on average with their advanced system. I do not think this would hack it for Los Osos. STEP system: no use of water softeners (they actually recommend that you spill brine on the ground). Smoke and mirrors!

I think the CCRWCQB is not interested in clusters. Maybe you would like one next to your house. Who be stupid here?

Ohh crap!

Anonymous said...

If you're going to ask "Who be stupid here", who exactly is the CCRWCQB?

Anonymous said...

Typo: CCRWQCB. Central Coast Regional Water Quality Control Board.

Gatekeeper said...

The anon who signed off with "Ohh crap!" is the pathetic negativist 4CrapKiller from the Trib blog, who is also responsbile for most of the sick and heartless comments defacing this thread

This demented individual is a dedicated coward turned bitter-bound "tagger" who spews verbal violence and pseudo-science for the cult of deadenders who cry "Tri-W or die!" in the middle of the night. We know them all too well, I'm afraid.

Her goal is simple: Misery for all others for what she and her cult of sleepless, soulless Dreamers have already created for themselves and us. All she has revealed of any truth far is that she is the dirt on Beverly Moylan's shoe.

Go back to the Trib site, 4CrapKiller, go back where to where you belong, back to where the old project is always legal, and Tri-W "fully funded, permitted and ready to go" -- and it's summer all the time.

4CrapKiller, you went postal a long time ago and don't even know it. You don't see the harm you and the other destructionists have done to this community -- and you don't even live here.

Truthsayer said...

To gatekeeper:

Why do you not go to the Orenco site and see what they say. Maybe you will find the same info that the anon who signed OHH CRAP. I just went to the site and find the info relayed to be correct. I guess you be stupid here. If you wish to correct someone, please stop with personal attacks:

"This demented individual is a dedicated coward turned bitter-bound "tagger" who spews verbal violence and pseudo-science for the cult of deadenders who cry "Tri-W or die!" in the middle of the night. We know them all too well, I'm afraid.

Her goal is simple: Misery for all others for what she and her cult of sleepless, soulless Dreamers have already created for themselves and us. All she has revealed of any truth far is that she is the dirt on Beverly Moylan's shoe."

Destructionists? I guess you would wish to blame everyone you could for the folly of stopping the sewer to avoid responsibility. Where do you get your information? Certainly not from the Orenco web site. Chew on bankruptcy and loss of local control. You had your way, believed the lies from the board before the election, and now you got what NOBODY deserved: Nothing but loss. Sounds pretty pathetic to me, as does your attack without full knowledge.

Anonymous said...

Amen Anon 10:54. The obstructionists calling the pro-sewer folk destructionists. That's a good one. Bankruptcy. Lawsuits. Lost loan. CDO's. Self-dissolution. Harm to the community? You betcha.

Teddy Boozer said...

Gatekeeper must be one of those rude, vocal, disruptive, and arm waving thugs found in the back of LOCSD board meetings! Look at the venom! And now the Board of supervisors is having to put up with their nonsense, but without rudeness. Bianchi even said she was afraid to go to LOCSD meetings. The state water board has made clear what acceptable discharge will be. Look to them for the pseudo-science, they set the standards. They are charged with enforcing the standards.

Ron said...

Anon wrote in response to my question: Why did Commissioner Potter call the LOCSD "bait and switchy" in 2004?"

"Only one commissioner: Why did not the rest agree? Maybe this guy was off base, maybe a fool. Maybe beholden to the anti-sewer crowd. If the bait and switch was readily apparent, they all would have seen it that way. You have a bad habit of using selective material to support your arguements. A commission is a group, not just one person. Who else agreed with him outside of you?"

Anon, you have a bad habit of posting without knowledge.

See? That's why I keep saying that people should be very clear on "bait and switchy" BEFORE they blast off a letter to the editor, or step up to a microphone, or post on a blog. It will save them lots of embarrassment.

Anon, real quick, the rest of the Commissioners DID agree with Potter! That's WHY there was such serious fall-out associated with "bait and switchy," but you don't know what that fall-out was, do you?

Potter a "fool?" More like a genius, and without a doubt, one of the most competent government officials associated with this entire mess.

Anonymous said...

Why does Beverley De Witt-Moylan feel her job/time is so much more important than any other person's? The water board should check with her before scheduling?